Friday, October 02, 2009

Legal threat by supplier of Mass cards

An organisation which represents 1,500 convenience stores nationwide has been threatened with legal action unless it withdraws a letter warning its members about the sale of pre-signed Mass cards.

The 2009 Charities Act bans the sale of such cards without the authority of a bishop or head of a religious order recognised by the Catholic Church.

Anyone breaching the section is liable to a fine of up to €300,000 and ten years’ imprisonment.

The legislation was due to come into force on September 1, but the owner of Longford company MCC challenged the legislation in the High Court.

Thomas McNally, 48, of Foynes Court, Longford, claimed that the section was unconstitutional.

MCC sells pre-signed Mass cards at up to €5 each in Ireland. McNally claims he has an arrangement with a Tanzanian bishop to sell the cards in return for payments to priests in the African diocese.

The state agreed to suspend implementation of the section pending a full High Court hearing next month.

The Convenience Stores and Newsagents Association (CSNA), in its September newsletter, said: ‘‘To avoid any doubt, it is advised that you receive from your Mass card supplier proof that a bishop or a provincial of a Catholic order has approved the use of the individual priest’s name on the Mass card.

‘‘All reputable Mass card providers are aware of this requirement and should be in a position to furnish you with written proof. The presence of a priest’s name is not sufficient to meet your obligations - only a bishop or provincial."

McNally’s solicitors have written to the CSNA, demanding that the association withdraw the warning to shopkeepers.

The solicitors said the CSNA had ‘‘misrepresented’’ the law.

The letter said McNally believed that the circular was ‘‘designed to damage his business and to create uncertainty over the legality and validity’’ of MCC’s Mass cards.

The solicitors said that, if the CSNA did not withdraw its ‘‘inaccurate statement’’ by Thursday, they would issue legal proceedings.
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